To implement the goals and objectives of the city's general plan, and to mitigate impacts on public facilities caused by new development in the city, a number of public improvements must be constructed. The city council has determined that development impact fees are needed to finance these public improvements and to pay for the new development projects' fair share of the improvement costs. Pursuant to the Mitigation Fee Act (Government Code Sections 66000 et seq.) and this chapter, the city council may establish fees to be imposed on development projects.
(Ord. 1020 § 1, 2021)
A. 
The city council will set fees by resolution. A fee resolution must set forth the specific amount or amounts of the fees and include all information required by Section 66001 of the Mitigation Fee Act, as that section may be amended from time to time.
B. 
Unless otherwise specified in the fee resolution, each fee must be paid by the development project prior to issuance of a building permit. If no building permit is required for a development project, the fee must be paid prior to issuance of an occupancy permit or other final permit to use the property.
C. 
Pursuant to Section 66006 of the Mitigation Fee Act, the city will deposit any fees set pursuant to subsection A of this section into separate funds and will make the information required by Section 66006(b)(1) of the Mitigation Fee Act publicly available within one hundred eighty days of the last day of each fiscal year. The city will also review this information at the next regularly scheduled public meeting not less than fifteen days after it is made publicly available pursuant to Section 66006(b)(2).
D. 
Pursuant to Section 66001(e) of the Mitigation Fee Act, the city council will determine when sufficient funds have been collected to complete financing on public facilities not yet completed and, within one hundred eighty days of that determination, will identify an approximate date by which construction will be commenced or will refund the unexpended portion of the fee (and interest accrued thereon).
E. 
Pursuant to Section 66001(d) of the Mitigation Fee Act, for each fund into which fees have been deposited, the city council will make required findings for unexpended funds, whether such funds are committed or uncommitted to a particular public facility, every five years following the first deposit into each fund
F. 
The findings required by subsection E of this section will be made in connection with the findings required by subsection C of this section when appropriate.
(Ord. 1020 § 1, 2021)
The revenues raised by payment of these facility fees will be placed in separate accounts, and such revenues, along with any interest earnings on each account, will be used solely to:
A. 
Pay for the city's future construction of each category of facilities described in a resolution enacted pursuant to Section 16.130.020 above, or to reimburse the city for facilities described in a resolution enacted pursuant to Section 16.130.020 that have already been constructed by the city; or
B. 
Reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length, or capacity.
(Ord. 1020 § 1, 2021)
Whenever a development project is required as a condition of approval of a development permit, or permitted in the city's discretion, to construct a public facility for which a fee has been adopted by resolution pursuant to Section 16.130.020, which facility is determined by the city to have supplemental size, length, or capacity over that needed for the impacts of that development project, and when such construction is necessary to ensure efficient and timely construction of a facilities network, the city may offer to enter into a reimbursement agreement with the development project to provide a credit against a fee which would otherwise be charged pursuant to this title on the development project. The reimbursement amount will not include the portion of the public facility needed to provide services to the development project or to mitigate the need for the facility or the burdens created by the development.
(Ord. 1020 § 1, 2021)
A. 
The public works director may determine on an ad hoc, project-by-project basis, whether a development project requires imposition of one or more supplemental fees. Before imposing any supplemental fee, the city council or public works director must make all findings required by the Mitigation Fee Act at Government Code Section 66001.
B. 
Any determination to impose a supplemental fee will be made based upon the application for a development permit, or upon the application for a building permit if no development permit is required, and any additional information requested by the city.
C. 
Imposition of supplemental fees pursuant to this section 16.140.050 is subject to all fee protest and waiver provisions in Section 16.130.070.
(Ord. 1020 § 1, 2021)
A. 
A development project that desires to protest the imposition of fees imposed pursuant to this chapter must follow the protest procedure contained in Government Code Section 66020 (as may be amended) within the time frame set forth in subsection (d) thereof (as may be amended). Failure to comply with the protest procedures in Government Code Section 66020 may result in the development project being barred from later challenging any fee. In no event will the city waive its right to rely on other applicable limitations periods, including, without limitation, those set forth in Government Code Section 66022 (as may be amended).
B. 
The public works director may waive any fee or portion of a fee imposed pursuant to this chapter for the following types of development projects:
1. 
City-sponsored or city-funded development projects that provide the type of service or facility for which the fee is imposed;
2. 
City-sponsored or city-funded projects that were excluded from calculations in the current development impact fee study or program that supported adoption of the fee to be imposed;
3. 
Development projects where imposition of all or part of a fee would violate the Mitigation Fee Act or would otherwise be considered unconstitutional.
C. 
Any determination made pursuant to this chapter may be appealed to the city manager and then to the city council pursuant to Chapter 1.12. The decision of the city council on any such appeal is final.
(Ord. 1020 § 1, 2021)
For purposes of this chapter, the following definitions will apply:
"Development project"
means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
"Fee"
means a monetary exaction other than a tax or special assessment, whether established for a broad class of development projects or imposed on a specific project on an ad hoc basis, that is charged in connection with a development project to defray all or a portion of the costs of public facilities related to the development project, as more specifically defined in the Mitigation Fee Act.
"Public facilities"
include public improvements, public services, and community amenities."
(Ord. 1020 § 1, 2021)